Loading...
HomeMy WebLinkAboutBIL 156 Draft 04 2004-2006 ~v w ~l~ •'•~H COUNTY OF HAWAII STATE OF HAWAII BILL NO. 156 (Drafr 4) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 (HOUSING), ARTICLE 1, SECTION 11-4(D), HAWAII COUNTY CODE 1983 (2005 EDITION), TO INCLUDE AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The Housing Element of the Hawaii County General Plan (enacted as Ordinance No. OS-25) cleazly states that a policy of the County of Hawaii shall be that "lazge industries or developments that create a demand for housing shall provide employee housing based upon a ratio to be determined by an analysis of the locality's needs." The County Council finds that industrial developments which are comprised of multiple individual enterprises aze, in fact, lazge industries which generate substantial employment and demands for employee housing. Therefore, such industrial developments should be subject to the affordable housing requirements articulated in Chapter 11 (Housing) of the Hawaii County Code. SECTION 2. Chapter 11, article 1, section 11-4(d), Hawai`i County Code 1983 (2005 edition), relating to affordable housing requirements for industrial uses, is amended to read as follows: "Section 11-4. Affordable housing requirements. (d) Requirements for industrial uses. The industrial uses that must fulfill the affordable housing requirements are any uses allowed as of right in an ML or MG district, except for home improvement centers, and any uses that are also allowed as of right in a CG district. Credits Required Individual industrial enterprises generating more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. (B) Rezonines to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent iobs created. At the time of rezonin¢, the potential job generation shall be assumed to be ten full-time eguivalentassumed to be ten full-time equivalent iobs er acre toacre to determine whether subsequent development within the rezoned azea must satisfy an affordable housin requirement. ii At the time of plan approval, pursuant to section 11-9(bl, the affordable housin¢ requirement shall be based upon ten full- time equivalent jobs per acre, or one per 1,000 squaze feet of gross floor azea, whichever is greater, provided that the administrator, after consultation with the planninc director, shall adjust the number of iobs based on proof that the actual number of jobs created will deviate from this standard, and provided that in that case, the affordable housing requirement shall be reassessed if the use is chanced. iii The applicant may also satisfy the affordable housing requirement at the time of final subdivision approval for all or a portion of the lots created within the rezoned azea, provided that in that case, the applicant shall be required to earn one affordable housing credit for every ten full-time equivalent jobs created, based on ten full-time equivalent iobs per acre." SECTION 3. Upon passage of this ordinance, the Revisor of Ordinances shall insert in section I 1-4(d)(2)(B), the effective calendar date of this ordinance in place of the phrase "(the effective date of this ordinance)." SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. This ordinance shall take effect on its approval. INTRODUCED BY: _ COUNCIL M MB R, CO OF WAIT Hawai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: P,EFEFENC~: Gomm. 200.14 2